Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39758 of 2019 Arising Out of P.S. Case No.-204 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.

PAWAN KUMAR YADAV, aged about 36 years, Male, Son of Rajendra Yadav Resident of Village - Mohania Tola, P.S.- Supal, Dist.- Supaul. 2.

Sanjan Devi @ Sanjana Devi, aged about 32 years, female, Wife of Pawan Kumar Resident of Village - Mohania Tola, P.S.- Supal, Dist.- Supaul. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Prafull Chandra Thakur, Advocate :

Mr. Dinesh Chaudhary, Advocate For the Opposite Party :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

As per prosecution case, it is alleged that the daughter of the informant went to Laukaha market for purchasing the thread and needle but did not return. In course of search by the informant, his daughter was not located. The informant received rumour that one dead body of a girl is found in the bank of Laukaha Canal. The informant suspected that his daughter might have been killed by co-accused persons and these petitioners.

It is submitted on behalf of the petitioners that both the petitioners have falsely been implicated in this case due to

Patna High Court CR. MISC. No.39758 of 2019(4) dt.09-09-2019 2/2 dirty politics of the locality. It is further submitted that save and except suspicion, there is no allegation against them. There is no eye witness to the alleged occurrence. It is further submitted that one co-accused Prakash Yadav who was in love affair with the informant's daughter and since the petitioners are relative of coaccused Prakash Yadav, the petitioners have been implicated in this case. Petitioners have got clean antecedent. Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Laukaha P.S.Case No.204 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners. (Prabhat Kumar Singh, J) B.Kr.